Turkey: Remote Work and Options Upon Arrival

Despite Turkey’s proximity to the EU, Turkish immigration processes differ in many ways from their EU counterparts, including the option for an individual to file an application either outside the country or within Turkey itself. This level of flexibility has recently led to increased interest in Turkey as a destination, particularly in the context of the Ukraine crisis.

The right to enter as a visitor for business trips and to then convert their status to a work permit while in-country has made Turkey a popular destination for foreign nationals looking to relocate quickly. Individuals entering Turkey under a visitor status can apply for a short-term residence permit whilst in-country, which can be issued for up to one year initially.

After receiving the short-term residence permit, provided it is valid for a minimum of six months, the applicant may then apply for an in-country combined work and residence permit for a local employer (see below for eligibility criteria for the local employer).

Entering Turkey on business/tourist status

Depending on their nationality, foreign nationals may enter Turkey in the first instance as a business/tourist visitor with either an e-visa issued within 48 hours or with their passport as a visa exempt national (this list includes Ukrainian, Russian and Belarusian nationals, along with many EU countries).

It is the foreign national’s responsibility to keep track of their status. Turkey generally allows visitors to remain in the country for a total of 90 out of 180 days, although there are nationality-specific exceptions to this rule (for example: 60 consecutive days for Russian nationals).

While in Turkey as a business visitor, the permissible activities will be limited. Business activities are not defined in Turkish law or regulations, but it is accepted practice that authorised activities include attending meetings or conferences with colleagues, clients or customers, engaging or receiving training, and collecting data or reviewing work-related issues. 

While remote work for an employer abroad in Turkey is also a grey area, conducting more structural work from a private location is unlikely to carry non-compliance risks in practice given that there is no impact to the local labour market, assuming:

• The work activities are undertaken from a private location (i.e., hotel, personal accommodation) and not a Turkish place of business; and
• There are no ties to a Turkish company (i.e;, no activities performed for or in the interest of a Turkish entity).

To extend their stay, foreign nationals must then obtain a short-term residence permit while in Turkey.

Applying for a short-term residence permit in-country

One of the key requirements is proof of means for the planned period of stay which will be scrutinized by the authorities at their discretion and includes:

• Proof of liquid assets (situated in Turkey or abroad) which could include bank deposits (at least around 10.000$);
• Bonds, stock or investment accounts;
• Social security/retirement income; and
• Other recurring income.

A one-off, lump-sum deposit is unlikely to be accepted as the authorities are looking for evidence of consistent and regular payments to ensure that the applicant will not be a financial burden on the state.

The short-term residence permit application must be submitted while the employee is still within their visitor status. Once this has elapsed, travel restrictions may apply until issuance of the permit (approximately three-eight weeks).

This short-term residence permit would allow an individual to stay in Turkey for up to one year, but it is important to note that it does not confer the right to work in Turkey unless they move on to the following stage.

Applying for a work permit in-country

Provided the short-term residence permit is issued for at least six months, foreign nationals can then apply for a work permit sponsored by a local Turkish employer. To be eligible, the hiring entity in Turkey would need to meet eligibility requirements below:

• The employer must have at least five Turkish citizen employees per registered worksite per foreign applicant as evidenced on payroll records (termed the “5:1 ratio”); and
• The employer’s paid-in capital cannot be less than 100,000 Turkish Lira (TL). In the alternative to the capital requirement, the employer can show gross annual sales amounting to 800,000 TL annually, or exports with a gross annual value of USD 250,000.

The in-country work permit process can take four-six weeks upon submission of application.

Exemptions

Exemptions to the 5:1 and paid-in capital rules exist but should be assessed on a case-by-case basis. Some exemptions are particularly difficult to obtain, including the technology exemptions, but the authorities may allow to waive these requirements under specific circumstances such as (but not limited to):

1. The legal entity was recently founded by a foreign individual. If that investor owns at least 20% (but amounting to not less than TRY 40K) worth of shares of the entity, and that within six months, the ratio criteria can be met, a work permit may be approved for the foreign partner/investor).
2. If the foreign national will work on a product and service procurement for public institutions or when the application is subject to a bilateral or multilateral agreement to which the Turkish authorities are a party.
3. If there is evidence the position that is the subject of the work permit application requires advance technology or that a Turkish national specialist could not be found.

Turkey offers several options for foreign nationals seeking to extend their stay or to relocate at short notice. Given the technical nature of the process and nuance around remote work, advance planning is crucial, and we encourage you to seek Fragomen’s help if Turkey is of interest. We will be happy to discuss and strategize possible options based on your business needs and circumstances.

Need to Know More?

For further information and advice on this topic, please contact Senior Manager Ben Morgan at [email protected] and Manager Mariana Da Encarnacao at [email protected]. This blog was published on 24 August 2022, and due to the circumstances, there are frequent changes.

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